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Q: Is putting a php script in the src of the image tag slower than normal and by how much? If I put this tag in my HTML:

instead of

and use the imageHandler.php script to read the image file, output expire headers and print the image data, i expect it to be slower. Is this a viable way to manipulate image headers or the performance penalty is too much since images are all around.
Are there other ways to set expire headers on images through my php code?

A: Yes, running any PHP script is slower than serving a static file.
Instead, you can set expire headers using Apache configuration directives.  See the documentation for mod_expires.  For example, you can put the following directives in an Apache httpd.conf or .htaccess file:
# enable expirations
ExpiresActive On
# expire JPG images after a month in the client's cache
ExpiresByType image/jpg A2592000

A: Try something like
header("Expires: <the date>");
http_send_file("someImage.jpg");

from http://us3.php.net/manual/en/function.http-send-file.php  The http_send_file function (if it works the way I think it does) copies the file directly from disk to the network interface, so it sends the image itself about as fast as the server would natively. (Of course, the time taken to run the PHP interpreter will still make the overall request a little slower than serving a static file.)
As at least one other answer has mentioned, probably the best way to set an Expires header (or any other header), if you're running Apache, is to use an .htaccess file, or better yet if you have access to the main configuration files of the server, put the Expires configuration there.  Have a look at mod_expires.

A: If the imagehandler is using GD or Imagick it will be considerably slower than a regular img tag.
I would suggest caching the image output to a temporary file, if the file exists, the imagehandler just outputs that raw data but if a new file should be created, then it is generated once and then used again for the cache.
You can use htaccess to set expiry.
.htaccess Caching

A: That would depend on what task imageHandler.php performs. YOu can measure it by printing out the time in milliseconds in your code.

redpajama_set_name: RedPajamaStackExchange


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Home Research > Members > 1558-1603 > GERARD, William II (aft. 1520-84)
GERARD, William II (aft.1520-84), of Harrow, Mdx.
Published in The History of Parliament: the House of Commons 1558-1603, ed. P.W. Hasler, 1981
b. aft. 1520, yr. s. of James Gerard of Astley and Ince, Lancs. by Margaret, da. of John Holcroft; bro. of Sir Gilbert. m. Dorothy, da. of Thomas Page of Sudbury Court, Mdx., 8s. inc. William Gerard III 4da.1
Receiver of Mdx. lands of Edward North†, 1st Lord North by 1552; feodary, Mdx. 1565; gov. Harrow sch. 1572; escheator, Kent, Mdx. Mar.-Dec. 1578; j.p. Mdx. from c.1583.
Gerard presumably owed his Wigan seat to his brother Gilbert, who had represented this duchy of Lancaster borough three times in the Early Tudor period, and was closely associated with Sir Ambrose Cave and Sir Ralph Sadler, successive chancellors of the duchy of Lancaster. The Gerards were in any case landowners in the Wigan district, and no doubt his candidature was locally popular. Nothing has been ascertained of his early life. He was living in London by March 1552, when Lord North sold him about 160 acres of land in Harrow-on-the-Hill. He was probably already North's receiver for Middlesex: the first account bearing his name is dated 1552-3. He was still holding the office in 1569, but no later evidence has been found. By 1564 he had acquired extensive property in Middlesex, including the manor of Southall, which he and his father-in-law bought from William Bellamy in April 1552; the purchase also included land in Essex, at Upminster, Aveley and elsewhere. In March 1564 he bought an estate in Harrow, Greenford and Northall, Middlesex, with a house called Frere Place, from Thomas Partridge, but found difficulty in proving title. He was on friendly terms with his 'cousin' and namesake the lord chancellor of Ireland, who appointed him an overseer of his will, and in February 1577 asked Walsingham to arrange for him to have a licence to transport yarn, presumably as a temporary arrangement during the absence of the chancellor, who seems himself to have been receiving the profits of the licence at his death in 1581.2
Gerard died 19 Sept. 1584. His will, made in January 1582, with a codicil dated 11 Sept. 1584, was proved in October 1584. He asked to be buried at Harrow, and left a bequest, at the discretion of the executor, his son William, to repair the parish church there. His widow was to have a £20 annuity, and his two surviving daughters £200 each. Five younger sons received legacies of £100, but the second son, Richard, who had already been 'remembered ... with more living' than all the rest of the children, was to have only a piece of plate. The overseers were Sir Gilbert Gerard, Anthony Ratcliffe, a London alderman, and Hugh Hindley, merchant taylor of London.3
Author: N. M. Fuidge
1. Mdx. Peds. (Harl. Soc. lxv), 19-20; DNB (Gerard, Gilbert).
2. Mdx. RO, accession 76, H221, 222 A; accession 497, 2; CPR, 1553 and App. Edw. VI, 418; 1563-6, pp. 3, 332; 1569-72, p. 481; C3/70/50; M. Robbins, Mdx. 130; PCC 26 Darcy; CSP Ire. 1574-85, p. 104; VCH Mdx. iv. 209.
3. PCC 30 Watson.

redpajama_set_name: RedPajamaCommonCrawl


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Home page > Discover Europe > Vienna - Zurich
Vienna - Zurich
Train Vienna → Zurich
About this journey The average travel time between Vienna and Zurich is 8h12 minutes. The quickest route is 7h50 minutes. The first train leaving Vienna is at 05:30, the last at 22:40. There is an average of 11 trains a day between Vienna and Zurich, leaving approximately every 2h34 minutes.
Departure station : Wien meidling (Eichenstraße 27 1120 Wien)
Wien westbahnhof (Westbahnhof 140/1 1150 Wien)
Arrival station : Zuerich hb (Bahnhofplatz 7 8001 Zurich)
Vienna, the capital of Austria
Vienna is the capital city of Austria and home to approximately 1,6 million inhabitants. Vienna is the seat of many multinationals and is becoming more and more important as a centre for trade between Western and Eastern Europe. Vienna is also a city of green parks, calm, dreamy alleys, art and music. This city is rightly deemed a city worth living in, being a cosmopolitan city of culture and gastronomy. Learn more about Vienna
Zurich, an elegant Swiss metropolis
Zürich, the largest city of Switzerland Zürich is a major financial centre and one of the most preferred Swiss destinations. In 2012, it was voted as the best city to live in Europe. It is an elegant metropolis on the lake bearing its name, with views over the snow-covered Alps, home to over 50 museums, 100 galleries, top hotels, shops and restaurants. Obviously it has to be Zürich! With its excellent public transport connections, this prime Swiss destination is ideal for excursions to the rest of the country. 5 days there, and you will get to know all about Zürich and neighbouring towns. Learn more about Zurich
Book your journey from Vienna to Zurich From €59 €59
1 WIEN WESTBAHNHOF
05:30 ZUERICH HB
1 WIEN MEIDLING
11:30 INNSBRUCK HBF
2 INNSBRUCK HBF
1 ZUERICH HB
06:40 WIEN WESTBAHNHOF
10:40 WIEN MEIDLING
Railjet - Austria and beyond
Wien Westbahnhof Train Station
Zürich Hauptbahnhof Train Station
Karmen from Hong Kong | Ka Man c. | 2019/04/02
"Great experience. "
Fair | Wong t. | 2019/04/02
"The terminal is too far away from the city centre "
Best night trip ever | Jose Maria m. | 2019/04/02
"We took the train from wein to zurich and we were not sure what to expect for the room. I would say that the only thing that was not the best is the space to be for 2 people in a small room. The room is very small but you have everything in there. you have lavatory, food the toilet y very close, and the window to look in a very nice night made our trip the best. The service was really good and I liked it a lot. "
cheaper than normal price | Lai Nga l. | 2019/04/02
"it is cheaper than normal price, but seat space so crowd. "
Night Train to Zurich | Lee Yoon c. | 2019/04/02
"It was a very good experience travelling by the night train from the Vienna to Zurich. The night train started at very late hours around 11.45 pm and we have to wait for it in the train station for a few hours as it was pretty cold at winter now. The train looked a bit old and the the 2 pax sleepers rooms we booked was small. We have 2 big luggages and that already take up most of the space beside the bed and hardly can find any other space. Luckily my husband and I were not fat, we are able to fit into the 2 small beds, 1 in the upper and the other in the lower decker. There is a small basin in the room and it looked old too. By the next morning when we reach Zurich, the scenery outside the train refreshed us a lot. A light breadfast was served to us from the train crew and his look was serious and never smile. I think if the train crew could be a little bit friendly and that could make us feel happier a little. Overall, the night train is not as comfortable as the trains we travelled in the day time. "
Save money and see more with a Swiss Half Fare Card Wish to explore more of Switzerland; then a rail pass may be just what you are looking for; giving you extensive travel in the country of your choice! Swiss Half Fare Card
Brig - Zurich
Zurich - Brig
Zurich - Hamburg


WAYNE WEBSTER TOOK MY $100 AND ASSURED ME THAT HE WOULD HAVE A DRIVER, I NEVER HEARD FROM THEM AGAIN, I CALLED AND ASKED FOR HIM AS WELL AS THE ACCOUNTING DEPARTMENT AS I WAS SEEKING A REFUND. THEY REFUSED TO CALL ME BACK OR SPEAK TO ME. DONT USE THESE AMATEUR ASSHOLES. THEY ARE OUT TO GET RICH $100 BUCKS AT A TIME. THE OWNER IS THE WORST OF THEM. HOW UNFORTUNATE FOR THEM. I WILL BE IN ARKANSAS AT A DEALERS ASSOCIATION MEETING IN JUNE, I WILL ADVISE THE STATE DEALERS ASSOCIATION TO AVOID WEBSTER TRANSPORTATION. WHAT GOES AROUND…….
Wayne Webster of Webster Relocation Services talked me into giving a credit card deposit of $100 when he did not have a driver lined up. I told him time was of the essence since I was paying $10 a day storage where it needed to be picked up. 6 days after the proposed pickup date it was still not picked up so I ended up renting a trailer myself and travel 1500 Miles to pick up my car. Never heard from those jokers again and they did not reply to my emails requesting a refund. Filed a dispute with Amex. Sorry excuse for a "God Bless" company.


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Harvey Weinstein leaves State Supreme Court in New York, Monday, Jan. 6, 2020. Weinstein is on trial on charges of rape and sexual assault, more than two years after a torrent of women began accusing him of misconduct. (AP Photo/Seth Wenig)
Harvey Weinstein indicted on new sex crimes charges in LA
The Hollywood mogul has been charged with raping one woman and sexually assaulting another
Harvey Weinstein has been indicted on new sex crime charges in Los Angeles, just as his trial on separate rape and sexual assault charges in New York was poised to get underway, prosecutors announced Monday.
The Hollywood mogul has been charged with raping one woman and sexually assaulting another in separate incidents over a two-day period in 2013, Los Angeles County District Attorney Jackie Lacey said in a news release.
"We believe the evidence will show that the defendant used his power and influence to gain access to his victims and then commit violent crimes against them," Lacey said in a statement. "I want to commend the victims who have come forward and bravely recounted what happened to them. It is my hope that all victims of sexual violence find strength and healing as they move forward."
Weinstein is accused of raping a woman in a hotel room on Feb. 18, 2013, after pushing his way inside her room, prosecutors said. The next night, he allegedly sexually assaulted a woman in a Beverly Hills hotel suite. Those events came days before he was photographed on the Oscars red carpet with his fashion designer wife, Georgina Chapman, who was pregnant at the time.
The charges announced Monday took more than two years to file because the women were reluctant to provide all the information necessary, according to Lacey. The Los Angeles district attorney's task force is still investigating sex crime allegations against Weinstein from three women. Prosecutors declined charges involving three other women because their cases were beyond the statute of limitations.
Weinstein faces up to 28 years in state prison if he is convicted of the charges filed in L.A.: forcible rape, forcible oral copulation, sexual penetration by use of force and sexual battery by restraint. His arraignment has not yet been scheduled and prosecutors will recommend $5 million bail. Weinstein is expected to appear in court in California after his trial in New York is finished, Lacey said.
Lawyers for Weinstein had no immediate response to the new charges.
Lacey said there was no relationship between the timing of the New York trial and the filing of charges in Los Angeles. She said the filing and announcement came on the first business day all the necessary people could be gathered for the charges and announcement.
But that meant the dramatic announcement came the same day that Weinstein and several of the women who have accused him of sexual misconduct converged Monday at the New York City courthouse where a judge and his lawyers handled the final preparations for his high-stakes trial on charges of rape and assault.
Speaking at the New York courthouse Monday prior to the announcement, Weinstein's attorneys suggested they knew charges might be coming. They asked the judge for potential jurors to be sequestered partly because of the possibility that charges could be brought elsewhere against Weinstein while the trial was ongoing. The denied that request.
"There is a potential L.A. situation going on," his lawyer, Donna Rotunno, told reporters after the hearing.
"We don't know what is going to happen. We're hoping not," added another of his lawyers, Damon Cheronis. "We have no control over what happens in Los Angeles or anywhere else."
Earlier Monday, Weinstein, 67, entered the courthouse in New York leaning on a walker following a recent back surgery. When asked outside the courtroom how his back felt, Weinstein responded with a thin smile and a so-so gesture with his hand.
"Not so good," he said. "Better."
READ MORE: One year after Weinstein, Hollywood is still soul-searching
Inside, his lawyers and prosecutors spent the morning sparring about procedural matters, including how to keep publicity surrounding the trial from influencing the jury's thinking.
In a brief hearing, the judge declined to gag Weinstein's attorneys from speaking to the media — in addition to denying the motion to sequester jurors. The judge also turned down a defence request to call as a witness a police detective who had been accused of mishandling part of the case.
Across the street, actresses and other women who say they were sexually harassed or assaulted by Weinstein dismissed him as a villain undeserving of anyone's pity.
"He looked cowardly. He wouldn't look at us. He wouldn't make eye contact," said Sarah Ann Masse, a performer and writer who said Weinstein once sexually harassed her in his underwear during a job interview. "This trial is a cultural reckoning regardless of its legal outcome," she said.
Jury selection in the trial will start Tuesday, more than two years since the allegations first came to widespread public attention and catalyzed the #MeToo movement.
Weinstein's lead lawyer, Donna Rotunno, said she was hopeful a fair jury could be found that wouldn't pre-judge the case.
"In this great country, you are innocent until proven guilty," she told reporters outside the courthouse.
Weinstein faces allegations that he raped one woman in a Manhattan hotel room in 2013 and performed a forcible sex act on a woman, Mimi Haleyi, who had come to him seeking film work in 2006.
He has pleaded not guilty and says any sexual activity was consensual. If he's convicted of the most serious charges against him, two counts of predatory sexual assault, Weinstein faces a mandatory life sentence.
For that to happen, prosecutors must demonstrate Weinstein had a habit of violating women, beyond the two directly involved in the encounters in which he's charged. To that end, they plan to call actress Annabella Sciorra, who says Weinstein forced himself inside her Manhattan apartment in 1993 or 1994 and raped her after she starred in a film for his movie studio. One of the accusers in the Los Angeles case is also expected to testify.
READ MORE: New York judge OKs Weinstein defence team recasting 60 days before trial
Prosecutors wanted jurors to hear from a few of the more than 75 women who have come forward publicly to accuse Weinstein of sexual misconduct ranging from harassment to assault. The first allegations were brought to light by The New York Times and The New Yorker in October 2017.
Prosecutors got permission from the court to try to buttress their case with four other witnesses: Sciorra and three other accusers who haven't been named.
One of those women said she had an encounter with Weinstein at a Manhattan hotel in 2004. A second was to testify about an interaction with Weinstein at a SoHo apartment in 2005. A third was described in court papers as having had an incident with Weinstein at a hotel in Beverly Hills, California, in February 2013.
Speaking outside the courthouse as proceedings began, a group of Weinstein's accusers spoke with reporters, including Masse, the actresses Rosanna Arquette, Dominique Huett and Rose McGowan, model Paula Williams, Louise Godbold and the actress and journalist Lauren Sivan.
McGowan thanked the women who will testify during the trial as alleged victims for representing many more women who may never get their day in court.
"They are standing for us, and I am immensely proud of them," she said. "We didn't have our day. But hopefully they will. Their victory will be our victory. Their loss will be our loss."
Rotunno has argued the case is weak and said she plans to aggressively cross-examine the accusers.
In court on Monday, prosecutor Joan Illuzzi immediately set a combative tone by referring to Weinstein as a "predator," drawing an objection from the defence table.
The lawyers also clashed after prosecutors asked the judge to bar all attorneys in the trial from speaking about the evidence outside court. Illuzzi accused Rotunno of "degrading and humiliating and putting down our witnesses" in statements to the press leading up to the trial.
"I have not degraded anyone," Rotunno responded.
Judge James Burke refused to issue a gag order, but told both sides: "Leave the witnesses alone, OK? Don't talk about them in any way."
Hays and Sisak reported from New York.
Andrew Dalton, Tom Hays And Michael R. Sisak, The Associated Press
Biosolids blockade ends, waste won't be dumped at Shuswap bison ranch
Unconscious person pulled from Penticton structure fire


We hope that through the study of History, skills will be developed which will help students to understand the past and be better prepared for the future. The study of History allows our students to develop key skills, such as debating, research and empathy. A quote which is at the heart of our department is 'Those who forget the past are condemned to repeat it' (George Santayana.) All members of the department are passionate historians who aim for all students to achieve their very best. We endeavour to make our lessons interesting and exciting, igniting interest in our students. We insist on high standards of behaviour and work. The department seek to foster mutual respect amongst individuals, teachers and students.
In Key Stage 3 students study a broad curriculum which develop key historical skills and build historical knowledge.
A broad, comparable and coherent student experience.
We are very excited about the new course and hope that you are to.
Current year 11 will complete OCR GCSE History A Specification (A951/ A952) and our exam topics are Medicine Through Time and Nazi Germany 1918-45.
Coursework. We are currently focusing on the Suffrage question and whether militancy aided or hinder the suffrage movement.
History is a highly respected academic qualification. It is respected by universities and goes well with any combination of subjects for any professional career. University admissions tutors know that if you have done history you have completed a challenging, rigorous and very independent qualification. It encourages you to study independently which is a valuable skill to have in the modern world.
We encourage students to visit places of historical interest. We are particularly fortunate in Newark that we are surrounded by a rich and diverse History, for example, The National Civil War centre, Newark aviation museum and The Galleries of Justice in Nottingham to name a few.
We visit the Galleries of Justice as part of our GCSE course. We are planning to visit the National Arboretum in the next few months and we are currently looking at providing a Battlefields tour.
We have a History club which will run on a Wednesday lunchtime, the focus of the club will be determined by its members at the first meeting.
Mrs Bailey-Cole is available from 7.45 on a Monday and Tuesday morning if students have any questions or require any help with their History studies.


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About the Confrerie
Goustevin Scotland Newspage
50th Anniversary Celebration ~ Rouen
The 50th Anniversary of the formation of the Confrérie des Compagnons Goustevin de Normandie in Rouen, took place in November 2017. During the celebrations, which were attended by a Scottish Delegation, Connetable Nicol Manson presented an inscribed quaich to the Grand Connetable Christian Pellenc. .
Our own David McAllister MBE, resplendent in full Highland dress was promoted to the rank of Chevalier much to the delight of all present.
More photographs of the 50th Celebrations featuring the Scottish contingent are available to view here.
Kirking of the Council ~ Inverness
The Conseil Magistrale d'Ecosse was invited to attend the parade and service for the ceremony known as The Kirking of the Council in Inverness on Sunday 10 September 2017. The Kirking of the Council is a tradition which happens in many Scottish towns and cities and in Inverness its origins can be traced back 400 years. Three of our own council members took part in full ceremonial robe, in what is both an honour and recognition for Goustevin Scotland.
David McAllister MBE
By Angus Meldrum
We were all delighted to see on June 17, 2017 that David was honoured by Her Majesty The Queen in her Birthday Honours List with the award of an MBE i.e. Member of the Most Excellent Order of the British Empire. This is for Outstanding Service to the Armed Forces Charity the 'Soldiers', Sailors' & Airmen's Families Association'. David is Chairman of SSAFA Scotland.
David was inducted in 2001 as one of our members at the first Chapitre of Goustevin Scotland as an Embassy. He and Marjorie have attended many of our functions and on overseas wine trips to Strasbourg and Hannover. One of David's many other charitable contributions to society was as President and Director of The Benevolent Society of the Licensed Trade of Scotland.
Before David retired from the drinks industry to take up extensive charitable work, he was for many years the legendary Sales Director of J G Thomson (Wine & Spirit Merchants) Ltd of The Vaults, Leith and Sales Director of its parent company Tennent Caledonian Breweries Ltd for the North and Highlands & Islands of Scotland. JGT were leading suppliers of all top wines & spirits, were owners of Chateau Lascombes and Chateau de Cognac, and Agents for Chateau Mouton Rothschild, Chateau Laroque, Chateau Coutet, Trimbach, Deinhard, Bacardi Rum, Dewar's Whisky, to name but a few top brands. We all congratulate David and look forward to seeing the photos of David and Marjorie when he receives his honour from The Queen at Buckingham Palace.
Obituary ~ Caroline Thomson OBE
By Ormond Smith
It is with great sadness that we announce the untimely passing on Tuesday 16th of Caroline Thomson as the result of a car accident which also seriously injured her husband Allan. Caroline joined the Goustevin in 2001 and was an enthusiastic member, enjoying many of the tastings held over the years and indeed hosting a couple of memorable tastings at her home at Daviot on Nairnside near Inverness. Her warmth and bubbly personality unfailingly put her guests at complete ease.
A native of London, Caroline worked as a nurse at St Bartholomew's Hospital before moving to Inverness in the 1970s. With a strong community spirit, she involved herself with local charities and had a deep involvement with the Pre-School Play Association for a number of years as well as the National Association for the Welfare of Children in Hospital. She chaired the Highland Community Care Forum and was co-founder of Caring and Sharing Highland, a local charity in Inverness.
With her deep sense of duty to the caring sector, she was elected to the Board of NHS Highland and went on to chair the Board between 1997 and 2004. She was well known as being a "mover and shaker" in the NHS and was not afraid to challenge the status quo and even Government Health Ministers when she felt an injustice was at hand, but always in a polite and professional manner.
Close friends and colleagues have described Caroline as "a loving wife, mother and grandmother, someone who devoted herself to serving the Highland community and who had a genuine interest in people and would go out of her way to make people she met, feel at complete ease". Caroline's contribution to NHS Highland and the many charities she supported was recognised in 2003 when she was awarded the OBE by the Queen. Outwith her work, she had a passion for cooking and trying out new recipes and along with Allan, loved Scottish country dancing. They were also keen sailors and enjoyed travel.
Caroline's contribution to NHS Highland and the many charities she supported was recognised in 2003 when she was awarded the OBE by the Queen. Outwith her work, she had a passion for cooking and trying out new recipes and along with Allan, loved Scottish country dancing. They were also keen sailors and enjoyed travel.
Goustevin Scotland offers its deepest sympathies to Allan, sons Alastair and Richard and extended families and also wishes Allan a full recovery from his injuries.
Obituary ~ Marcus David Theodore Fyfe
By Peter Henderson
Goustevin Scotland is sad to note the passing of Chevalier Marcus Fyfe who died earlier this year on 5 January 2015. The following obituary was written by Peter Henderson, retired Director Wine Importers Edinburgh. Based in Leith, Marcus was an occasional attendee at Goustevin events, enjoying those he came to as well as the camaraderie he found among members in Inverness.
After almost forty years in the wine trade, Marcus spent his retirement living in Leith keeping in touch with family, relatives and friends around the world. He also enjoyed cooking, languages and, of course, receiving Harpers, Decanter and other wine publications.
Marcus was born in Devon and had an older sister Mariella and a younger surviving sister, Miranda. When still a youngster his father was posted by the Foreign Office for a few years to do some special work in the north of Italy, a time which Marcus could recall. I was always amazed by Marcus's wonderful memory. Throughout his life Marcus was very close to his sisters, their children and relatives.
Marcus's first job was with Justerini & Brooks in London as an eighteen-year-old cellar boy. He then worked for another well known London wine merchant until he moved north to Lochgilphead around 1980 to be near his family home. Marcus's wine shop in Lochgilphead and his product knowledge, which he was always willing to share, were great additions to the area. Around 2000 Marcus moved to Edinburgh to be closer to Scottish and English tastings and to seek work. The London Wine Trade Fair was a must every year with a few days added on for visiting relatives and friends. Marcus spent some very happy years with the enterprising Franco Margiotta, as wine buyer for Margiotta Convenience Stores in Edinburgh. He was very popular with customers and staff, and enjoyed this period enormously. It was a just reward for many years of honest service in the trade he loved.
Marcus's knowledge of wines, spirits and beers built up through years of study, work, tastings and vineyard visits was second to none. He was a member of the Under Forties Wine Trade Club which arranged trips for the younger trade employees to wine-growing areas, with which over the years Marcus visited many countries and made many trade friends. In the mid 1960's Marcus had spent a very happy estage in the Margaux area, where he had helped an Englishman with his mobile bottling business. He had a room in Margaux village in a pension which also housed the tiny local cinema. Cinema and jazz were two of Marcus's lifelong loves and he could break out in the Blues at will. Marcus always enjoyed the contact with everyone connected to wine production, and there was nothing he enjoyed more than dining amongst the locals at a café or restaurant in vineyard areas, always accompanied by the house carafe wine.
For those of you who knew Marcus, you will remember his lovely manners and sure delivery of his presentations, with any questions answered honestly and expertly. Marcus enjoyed enormously his trips to Inverness, treasuring the wonderful hospitality, fun and knowledge he was shown by members and friends. Marcus passed away on 5 January 2015
Obituary ~ Alasdair Mackay
It is with great sadness that we announce the untimely passing of Alasdair (Ali) Mackay who died on February 2nd 2015 after a long battle with myeloma (bone marrow cancer). Ali, already a staunch member of the Inverness Wine Appreciation Society {where he served as President (1979-1981)}, was a founding member of the Goustevin's Inverness Consulate when it was inaugurated in 1977. He became a great supporter of the Goustevin, both in Inverness and at International events, being elevated to Chevalier in Aviemore in 1998. It was shortly after this, just having turned 50, that he was diagnosed with his illness which he fought for many years with fortitude and great spirit.
A native of Inverness, Ali rose from an early beginning in the construction industry with his father's building company, to join Morrison Construction where he rose to director level, being responsible for many large projects both at home and abroad. Outwith business, Ali enjoyed different sports and was a determined motor sport participant, initially as a driver and latterly as team manager for his sons' rallying activities, indeed he served as President of Highland Car Club. When not contesting a motor sport event, he was to be seen wielding golf clubs as he strived to lower his handicap and, having moved to Edinburgh, was a member of both Dalmahoy and the Royal Burgess Golfing Society at Barnton. He was also a keen curler, having taken up the sport with Inverness Curling Club and he went on to a number of successes on the ice. He continued his curling after his move to Edinburgh with Carrington Curling Club but was forced to relinquish playing after taking ill. A lifelong Glasgow Rangers supporter and season ticket holder, he also took great interest in Inverness Caley Thistle's elevation up the Leagues and he attended many matches with Connetable Nicol at Tulloch Stadium when up north.
For those of us who had the good fortune to know him well, he will be remembered for his enjoyment of the qualities of life and his indefatigable positive outlook. Indeed, the maxim of the Goustevin well sums up his philosophy; an appreciation of good food, good wine and good company! Our sincere condolences go out to Pam and his family.
International Recognition for Nicol
Twice yearly, the Confrérie des Chevaliers du Tastevin brings together to the iconic Chateau du Clos Vougeot a jury consisting of more than 250 tasters selected from the elite of connoisseurs and discriminating palates: famous wine-growers, great merchants, heads of viticultural unions, wine-brokers, oenologists, government officials from the government's office, restaurant owners, and enlightened amateurs. This panel is accompanied by officials and journalists acting as witnesses.The organisers from the Confrérie des Chevaliers du Tastevin confine themselves to organisation and do not taste, thus remaining neutral.
Twenty or so wines per table are presented anonymously, that is without the name of the grower, merchant or cooperative, are put through this hard test for about two hours. The questions that the jury must answer are precise: "Is this wine worthy of the appellation and the vintage on its label? Is it genuinely representative? In a word, is it a wine I would be pleased to have in my cellar and proud to serve to a friend?" The verdict is without appeal.
In March this year, Inverness Hotelier-Restaurateur Nicol Manson OBE was invited to be one of the select tasters when the table to which he was allocated tasted a range of Appellations of White Burgundies of the 2012 and 2011 vintages from the Chablis area. Of 15 wines tasted three were granted the coveted Chevalier du Tastevin label of approval and one received a "Coup de Coeur" – an exceptional wine in its appellation.
Nicol said "It was a great honour and a wonderful experience to be invited to this prestigious event as a judge" and Gosutevin Scotland adds its congratulations for such a well deserved recognition.
Co-incidentally and concurrently there was another very large tasting ("Les Grands Jours de Bourgogne) the day prior which is a week of tasting throughout the Burgundy wine region attended by wine sommeliers, brokers and journalists. Nicol also obtained an invitation to this event when, in one afternoon, he tasted 50 Grand Cru wines of the 2012 (red as well as white) from the world famous Appellation "Corton". These fabulous wines tend to start around £40 per bottle and, at this stage, are for safekeeping and maturing although some are already very approachable.
It was in the Grotto at Dieppedale near Rouen, on the 17th March 1973, that Nicol Manson was inducted as an Ecuyer of the Confrerie known in these days as "La Confrerie des Compagnons Haut-Normands du Goustevin". This started a 40 year association with the Confrerie in which Nicol has made many close friends with whom he remains in regular communication. His closest friend in the fraternity is Michel Goulon who, along with the late Grand Connetable Pierre Juban, initiated the setting up of a Consulat in Inverness in May 1977 which later became an Embassy on 6th October 2001.
It was later in the same year, 1973, that Nicol and his wife Beverley laid to rest, in the wondrous vineyard of Corton Clos du Roi in Burgundy, the ashes of George Grahame (l'Ecossais-Bourguignon - the Scottish Burgundian) who introduced Nicol to the region in 1967 by taking him to Burgundy for the first time. Burgundy, its wine and its people became a lifelong passion for Nicol where he has many close friends and wine contacts.George Grahame was for many years the representative for the Highlands of highly regarded wine merchants J G Thomson & Co, The Vaults, Leith.
Co-incidentally, a strong connection with this sadly now defunct company is that the Scottish Embassy have in their membership the former Sales Director of J G Thomson - Chevalier David McAllister and Baron Angus Meldrum who held various posts including Managing Director.
It was a complete coincidence that it is the 40th anniversary of that laying to rest ceremony that Nicol and Beverley recently visited and paid homage at Corton Clos du Roi with local photographer and dear friend, Jean Louis Bernuy.
Obituary ~ Edward Campbell Stott
By Nicol Manson
It is with great sadness that I announce the passing of my brother-in-law,member Ecuyer Ed Stott (60), who died on 3rd January 2012 of pancreatic cancer. Ed, who was inducted Ecuyer at our Grand Chapter in Inverness in 2004, lived in Surrey with his wife Maggie. He was an enthusiastic supporter for several years before his induction and attended Inverness Grand Chapters with Maggie whenever possible.
Ed was an Epicurean of some considerable experience. This was gained through curiosity, a thirst for knowledge and an adventurous palate as well as travel to parts of many countries well away from the normal tourist routes. Taking early retirement as an engineering manager with British Gas he turned his lifetime hobby of very fine Oriental rug purchase, sales and renovation into a full time profession. He was considered an expert by his peers.
Ed enjoyed good wine, good company and good living to the full and equally embraced a pint of good ale, Guinness or a fine Scottish malt. He was something of an authority on the better ethnic restaurants in and around London as well as some of the top end Michelin starred. He spent many holidays in Normandy helping rebuild a community farmhouse near Cherbourg where he acquired a taste for French wines, foods and Calvados. He also enjoyed a good Armagnac. He had a liking for and appreciation of both rustic and fine dining and dined according to his mood. Blessed with a pauky sense of humour and a sharp dry wit he will be sadly missed by all his friends and family. Our sympathies and condolences go out to Maggie and his three grown up children of whom he was very proud.
Obituary ~Dr Judith Spenceley MBE
It is with great sadness we announce the untimely passing, after a short illness, of Dr Judith Spenceley MBE.
Judith, despite a busy professional life, had many interests of which wine was one of her great interests and enjoyments. A Past President of Inverness Wine Appreciation Society, Judith regularly attended Goustevin tastings and Chapters in Inverness with her husband Ecuyer Dr Howard Spenceley.
Her funeral had a huge attendance, representing her connections with many aspects of professional and social life in Inverness. She will be sadly missed by all who had the good fortune to know her. Sincere condolences are extended to Howard and his family.
Praise for Hugh Constable-Maxwell
Member Chevalier Hugh Constable-Maxwell owner the Val di Toro wine producing estate in Tuscany, Italy has received high praise indeed in Decanter Magazine for his white Tuscan "Auramaris". Hugh was inducted at the Grand Chapitre d'Inverness in 2009. To learn more about his wines or where to purchase, visit the Val di Toro website.
Obituary ~ Gaby Bernuy
The Confrerie is greatly saddened by the unexpected death of a dear friend and supporter Gaby Bernuy. Scottish Connetable & Ambassadeur Nicol Manson and his wife Beverley were able to get flights at short notice from Edinburgh to travel to France and attend his funeral with 1000 others, yes 1000, from his Nuits St Georges community and further afield. So great was the esteem in which he was held did a cousin travel all the way from Seattle just to be there! In addition to our Scottish representatives trade friends also travelled from Belgium.
Nicol and Beverley, good friends of Gaby and his family for over 40 years, were very touched to treated like close family. It was a moving and fitting service with beautiful musical and oral tributes from his third daughter Monique and her daughter Margot.The "wake" afterwards was tastefully animated and convivial just as Gaby would have wanted. "Good food, good wine and good company" (the motto of the Goustevin) - that's what Gaby enjoyed most in life and that's why he was inducted a member of our Confrerie in Aviemore Scotland in 1989.
Honour for Hotelier in Inverness
Many congratulations to Nicol Manson, who with his wife Beverly owns The Waterside Hotel in Inverness. Nicol was made an OBE in the New Year Honours for services to the tourist industry in Scotland. Nicol of course is our own Connetable & Ambassadeur en Ecosse. To read the original announcement in the "Press and Journal". Click Here.
Michelin Star Awarded
The Goustevin extends their warmest congratulations to previous Noble Dame d'Honneur Lady Claire MacDonald and her kitchen team on her Kinloch Lodge Hotel in Skye on gaining a coveted Michelin star.
'Abusus Non, Tollit Usum'
Good Food ,
Good Wine,
Good Living.


Regular eye tests important for whole family | KDT Optometry - Excellence Is The Only Option!
The need for a regular eye test does not only apply to people who require glasses, it is also an important family health check. It is important to educate families on the general health benefits of having their eyes tested on an annual basis.
The main aim of proper patient education is to increase the number of households who incorporate eye check-ups into their family health routine.
An eye test can pick up a number of general health and eye conditions such as high blood pressure, high cholesterol, diabetes, and even more serious conditions like brain tumors.
New research suggests that 61 percent of people surveyed did not know that a brain tumour could be detected by an optometrist during an eye examination.
Having an eye test could potentially save your sight or even your life.


Three Utah-based firms and their owner, which a federal court jury in 2016 found deceptively and illegally called more than 117 million consumers pitching their movies, have agreed to a proposed court order settling the Federal Trade Commission's charges against them. The U.S. Department of Justice (DOJ) secured the defendants' agreement to the proposed order imposing civil penalties and prohibiting telemarketing abuses, and filed it with the court on the behalf of the FTC.
The 2016 jury verdict covered six different Telemarketing Sales Rule (TSR) violations, including violations of the FTC's regulations requiring telemarketers to use caller identification names that tell consumers what seller is calling and restrictions on telemarketers making calls to consumers without connecting the call to a sales representative within two seconds of the consumer's greeting.
The proposed court order announced today bars the defendants from the misconduct alleged in the complaint, including illegally calling phone numbers on the Do Not Call (DNC) Registry, and imposes a $45.5 million civil penalty judgment, of which all but $487,735 is conditionally suspended. The suspended portion of the penalty amount will become due if the court later finds that defendants misrepresented their financial condition.
According to a 2011 complaint filed by the DOJ on behalf of the FTC, Forrest S. Baker III and three Utah firms that he controls violated the TSR and the FTC Act multiple times and deceived customers they called about where the proceeds from their movie purchases would go. The three firms named with Forrest S. Baker III as co-defendants are Feature Films for Families, Inc.; Corporations for Character, L.C.; and Family Films of Utah.
After the court resolved several issues in the case, DOJ attorneys and FTC witnesses presented evidence to a jury about violations by defendants during multiple telemarketing campaigns. In one nationwide campaign, Corporations for Character called consumers under the name "Kids First," offered to send two free DVDs and requested feedback on whether the movies should be included on a list of recommended movies. This telemarketing campaign resulted in millions of calls to consumers on the DNC Registry in which defendants urged consumers to buy additional DVDs by telling them that "all of the proceeds" from sales would be used to complete a recommended viewing list of the nonprofit Coalition for Quality Children's Media. In reality, Feature Films had contracted to receive 93 percent of all money collected from consumers.
The evidence also showed that in 2009 Feature Films called consumers to urge them to buy tickets to see "The Velveteen Rabbit," a film produced by Baker and released in theaters before going to DVD. Feature Films' telemarketers made more than 2.5 million calls to numbers on the DNC Registry during this campaign. In additional marketing campaigns, the defendants routinely called consumers on the DNC Registry to sell DVDs, and even continued to call consumers who had asked the defendants to stop calling, resulting in tens of millions of illegal calls.
In all, the jury found the defendants collectively responsible for 117 million TSR violations, including 99 million illegal calls to telephone numbers listed on the DNC Registry, as well as more than four million additional calls in which the defendants' telemarketers made misleading statements to induce DVD sales.
The jury also found the defendants had actual or implied knowledge of the TSR violations, allowing the court to assess civil penalties under the FTC Act. The case was the first-ever jury verdict in an action to enforce the TSR and DNC Registry rules.
The Commission vote approving the proposed order was 2-0. It was filed in the U.S. District Court for the District of Utah, Central Division. The proposed order is subject to court approval.


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Intern Series: MongoDB's Women in Computer Science Summit to MongoDB's Swift in News
#Culture#Life at MongoDB
Intern Series: MongoDB's Women in Computer Science Summit to MongoDB's Swift
Nellie Spektor is a rising senior Computer Science major at New York University. She spent this summer at MongoDB interning with our Swift Driver team. Nellie will be returning to MongoDB full time in 2021 to join our New Grad cohort.
Kate Wright: Thanks for chatting with me Nellie! Let's start with how you first got exposed to Computer Science and what made you decide to pursue the CS major at NYU.
Nellie Spektor: I was lucky enough to go to a high school where everyone had to take Intro to Computer Science their sophomore year and had the option to continue taking Computer Science classes all the way through to graduation. I loved that very first intro class. I had so much fun writing little functions and coding up little games, and I knew that I had found my calling. I kept taking CS classes and being amazed at how powerful coding could be, becoming a CS major was a no-brainer.
KW: You're a part of many groups that aim to create opportunities for women in the field Computer Science. Tell me about those and a little bit about your experience of pursuing Computer Science as a woman.
NS: Being a woman in Computer Science has been something I have been thinking about ever since that first CS class I took in high school. I think if it weren't for the fact that the class was mandatory (and therefore had a fairly even gender split), I may have gotten discouraged and quit coding. I came fairly close to this when I got to AP Computer Science which only had 7 girls out of 34 students. The only things that kept me from quitting was that I had the memories of having so much fun in my previous CS classes, and my one female friend in the class. That friend and early exposure were key for me, and many other women never get that, which is why we see such terrible gender ratios in Software Engineering.
To try and fix this immense problem and help my fellow women getting into CS, I have been a member and later a leader in two incredible women in tech organizations: Rewriting the Code and NYU Women in Computing. Being in these organizations has given me access to incredible opportunities. If I recall correctly, it was actually through a post in the Women of Rewriting the Code Facebook group that I learned about the MongoDB Women in Computer Science Summit and started on the journey that led me to my amazing internship this summer.
KW: Speaking of MongoDB's Women in Computer Science Summit, I'd love to hear about that experience and how you decided to spend your summer at MongoDB
NS: I was selected to attend the very first iteration of the MongoDB Women in Computer Science Summit! The Summit gave me the opportunity to participate in technical development, mock interviews, and a panel discussion with women in engineering at MongoDB all while networking with my peers at colleges across the country. It was such an amazing event that I am so lucky to have been a part of.
After going through the recruiting process, the summit was one of the reasons I decided to join MongoDB. Through that event, the interview process, and my connections with former interns, I got to interact with a lot of MongoDBers and could truly see myself working happily with all of them.
Even through interning here, I have never had a negative interaction with or even a negative thought about someone at MongoDB, and that is pretty awesome.
KW: Glad to hear that! Let's hear about some of those MongoDBers you worked with. What is your team like?
NS: I am interning on the Swift Driver team, which has been awesome! The Drivers team provides libraries and tools that developers all over the world use to interface with MongoDB. The Swift driver is a relatively new team and its very small (only 2 full-time engineers). My team is part of the larger team that encompasses all the Drivers. I have been taking some classes about Programming Languages at school, and while this isn't a major aspect of my work, it is really cool to bring those interests into conversations with my team. It is really interesting to see all of these different drivers achieving the same goals, each in a way that takes advantage of their specific language features.
KW: What did you work on with the driver and what was your intern experience like working remotely?
NS: My main project this summer was adding Extended JSON support to the pure-Swift BSON Library. All of the drivers need to use a BSON library to interact with MongoDB. Currently, the Swift Driver is using libbson, which is the C BSON Library, and as part of an effort to make the Swift driver be written only in Swift, the team is working on a pure-Swift BSON library. The last piece necessary to actually switch from libbson to the swift BSON library is Extended JSON Support, and that's what I worked on! I added the ability to convert between BSON and Extended JSON. It was a perfect intern project; well scoped, but left room for me to make my own design decisions.
I have learned a lot about what it means to work on an open source project and be involved in the ecosystem of a language. That has been really cool and I am excited to dive deeper into this world.
Even despite the fact that my internship was entirely remote, I was really able to get a sense of the culture at MongoDB and I love how open, fun, and feedback focused it is!
Interested in pursuing a career at MongoDB? We have several open roles on our teams across the globe, and would love for you to build your career with us!
MongoDB and BigID Deliver Scalable Data Intelligence for Enterprise Data
Data never sleeps. Every time someone clicks on a site or sign-up for a newsletter, bytes are created or tracked, in the staggering amount of more than 2.5 quintillion every day. All that data is a key business driver and the foundation for decision-making, but most enterprises aren't even aware of everything they're collecting, or where it's stored. As global protection and privacy regulations evolve and the sheer amount of data grows, they're struggling to keep up. As consumers, we'd like to think our data is safe. Companies like BigID are helping businesses discover and manage sensitive, personal, and critical data across the entire data ecosystem – and take action for privacy, protection, and perspective. I had the opportunity to discuss the BigID platform and the data technology behind it with Eyal Sacharov, BigID's VP Research & Chief Architect and Oren Ashkenazy, Head of DevOps. AD: Eyal, Oren, thanks for joining me for this discussion. Can you tell us a bit about yourself and the genesis of the company? Eyal Sacharov: I led the R&D team lead at the founding of BigID. As part of that team, I was responsible for the design and implementation of the product, including the evaluation of relevant technologies. My role has now evolved to BigID's Chief Architect and VP Research, where I oversee the data science team, product integration and customer-driven technology innovation. Oren Ashkenazy: I'm Head of DevOps at BigID, and have a real passion for development technologies and scalable architecture. The genesis of BigID in 2016 was based on the realization that enterprises were struggling to safeguard the sensitive data they collect and process on individuals, on customers, on employees, on clients — even as they looked to transition to being data-driven organizations. Founded by Dimitri Sirota and Nimrod Vax, who came at the challenge with decades of experience in enterprise information security and access management, BigID saw the opportunity to provide an accounting-like framework to help organizations better understand, protect, and responsibly utilize the data they collect and process. AD: For anyone who isn't familiar with BigID yet, could you describe why you set out to build this and the problem it's solving? ES & OA: Our initial intent was to address the challenge that you can't protect or govern what you can't find. This challenge became particularly acute when global privacy and protection regulations emerged, especially the EU GDPR. GDPR required enterprises to understand and report on not just what data they have, but whose it is and how it's being collected and processed. The requirements for enterprises to be more transparent and accountable in how they collect and use personal information have made the demand for technology like BigID's data intelligence platform more urgent. When we were starting BigID, we focused on extending beyond traditional discovery approaches built for finding and enumerating a specific set of identifiers (with highly variable degrees of accuracy and efficiency). We looked to go one level deeper and measure how connected and related that data is to a specific person — that's what defines it as personal. Gaining that understanding into what is personal data or information is not only important for operationalizing at scale and automating privacy requirements for data access rights and accountability, but crucial for any enterprise that wants to maintain brand trust. Enterprises are building their future on data. Customers, consumers, partners, and employees need to be assured that they can trust enterprises to not only safeguard their data, but to use it in ways that are consistent with their expectations. AD: How would you describe the platform and the unique advantages that BigID gives its customers? ES & OA: We created the first product purpose-built platform for the kind of data discovery required for privacy. Designed using a micro-services architecture that leverages correlation and machine learning for inference and model augmentation, the architecture allows us to scale to support the large volumes of data that enterprises are collecting and processing. By doing so, we also fashioned the first platform that was able to capture context around data — for example,whom it belonged, or whether there was an associated permission, or who had access to it.. Some of these are essential for privacy. But they also play a larger role in providing deeper insights into the what, where, who, why, and when of how data was collected, processed, and shared. As the BigID foundation has evolved to encompass cataloging, classification, and correlation, the platform has delved beyond discovery alone. Today, BigID is the most comprehensive platform in the market to provide organizations insight and intelligence on their most important assets: the sensitive, personal, and critical data that they collect and process. AD: How did you land on MongoDB to help you solve these challenges? ES & OA: As we were architecting our platform, we wanted to ensure that we could scale effectively both horizontally and vertically, and to ensure high-performance for indexing and lookups to support our correlation and ML-based approach. From a technology perspective, we were looking for a modern database system that would be easy to install and maintain, and that wouldn't require our customers and partners to build in-house expertise in order to deploy.. MongoDB appealed to us as an option because of the well-balanced, general purpose approach. It has a good set of capabilities that we couldn't find with other databases, such as the aggregation framework, solid graph capabilities, lookups, and full text indexing. This allows us to use it for various microservices, both as a standard persistence layer as well as a more advanced computational server. For example, we make extensive use of the aggregation framework across the product to support what we describe as our discovery in depth capabilities that span correlation, multiple forms of classification, and cataloging. Native support for JSON was compelling in this regard as well. Scaling features, such as replica sets and sharding, also gave us confidence we could address customer requirements. The flexible schema for documents suited our collection requirements. Our intent from the outset was to support the full range of data sources we encountered at the customer level; the flexible schema allows us to adjust collection for each of the data connectors based on the specific set of fields for each data source. From a deployment perspective, we liked the ease of installing. In particular, MongoDB is simple to deploy with Docker, which is important for us as BigID itself is Dockerized. Many of our customers have their own MongoDB servers, which makes our deployment easier. MongoDB also offers a range of extended tools with their commercial products, such as Encrypted Storage and LDAP support. These add value to our customers and ensure that their most stringent requirements are met from the database creator. We were also confident that the rate of adoption and large developer community would ensure a robust roadmap and support. And, our experience with support services and professional consulting in the initial stages was top notch. AD: What advice would you give someone who is considering using MongoDB for their next product? ES & OA: We recommend that you explore and evaluate MongoDB in detail. MongoDB is a very strong platform with some powerful features and tools that should be mastered. Make sure to conduct a comprehensive PoC for various use cases relevant for your next product. And in any case, invest in designing the data model upfront to ensure that the appropriate considerations and priorities are in scope. Consider factors like how frequently data updates will be performed, concurrency requirements, and the relative distribution of read-intensive vs. write operations. AD: Where have you deployed MongoDB? On-premises, in the cloud, via MongoDB Atlas? ES & OA: We've deployed largely on-prem, but a growing number of our customers are opting for MongoDB Atlas. Another advantage of MongoDB is that we can maintain a persistence layer between on-prem and cloud instances. MongoDB Atlas is also an integral component of the SaaS service we are planning to launch later this year. Having already committed to MongoDB for our core design, Atlas was an easy choice. It stands out not only for f the depth of its cloud service platform support, but also for the assurance of version compatibility as new releases roll out. MongoDB's native monitoring tools are even more powerful for us in optimizing uptime and performance for a service, relative to the value they provide when BigID is deployed in the customers' data centers or cloud. MongoDB's real-time monitoring also provides us with live information on the cluster performance, from hottest collection to frequently used resources to the number of open connections and levels of network utilization. As part of database tuning, the Atlas profile tool is a great feature that helps us to find slow queries that need to be optimized and to detect performance bottlenecks. AD: What tools are you using to deploy and monitor MongoDB? ES & OA: Monitoring our MongoDB clusters is an essential part of being production-ready and ensuring our systems are operating at optimal health. We monitor performance spikes to get a solid view of all of the metrics for the underlying hardware and operating system. As far as monitoring tools go, for deployment we are using HashiCorp Terraform MongoDB Atlas Provider, which is the official plugin approved and tested by HashiCorp. It enables us to add and create MongoDB Atlas clusters to our Terraform environment and then peer them to the BigID application running on Amazon EKS (Elastic Kubernetes Service). AD: Thanks for an informative conversation, Eyal and Oren! We appreciate your time and your partnership. To learn more about our joint solution, or if you're evaluating MongoDB Atlas, reach out to ISV@MongoDB.com for more information. About BigID: BigID's data intelligence platform enables organizations to know their enterprise data and take action for privacy, protection, and perspective. By applying advanced machine learning and deep data insight, BigID transforms data discovery and data intelligence to address data privacy, security, and governance challenges across all types of data, in any language, at petabyte-scale, across the data center and the cloud. BigID has raised $146 million in funding since its founding in 2016 and has been recognized for its data intelligence innovation as a 2019 World Economic Forum Technology Pioneer, named to the 2020 Forbes Cloud 100, a Business Insider 2020 AI Startup to Watch, and an RSA Innovation Sandbox winner. Find out more at http://bigid.com or visit us at http://bigid.com/demo to schedule a demo. About MongoDB: MongoDB is the leading modern, general purpose database platform, designed to unleash the power of software and data for developers and the applications they build. Headquartered in New York, MongoDB has more than 18,400 customers in over 100 countries. The MongoDB database platform has been downloaded over 110 million times and there have been more than one million MongoDB University registrations.


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2. Apply the relevant statutory provisions
2.1 Application of state and territory laws and consistency
3. Have regard to what has been done in other cases
3.1 Relevance of past sentences
3.2 Relevance of decisions of intermediate courts of appeal
3.3 Utility of sentencing statistics
4. Submissions on sentencing range: Barbaro v The Queen
4.1 Application of Barbaro v The Queen
4.1.1 Whether a submission as to range is an irrelevant consideration
4.1.2 Whether sentencing discretion is vitiated where a range submission is received
4.1.3 Role of the Crown
4.1.4 Submissions as to range from defence counsel
4.2 Barbaro does not apply to civil penalty proceedings
Recent cases alert
DPP (Cth) v Phan [2016] VSCA 170 — Crown's table of comparative cases unsatisfactory, inaccurate and apt to mislead.
*Guidance from these cases has not yet been incorporated into the commentary
Sentencing should be systematically fair and that involves, amongst other things, reasonable consistency. 1 However, consistency is not demonstrated by, and does not require, numerical equivalence. 2 The consistency that is sought is consistency in the application of the relevant legal principles, contained in Part IB of the Crimes Act 1914 (Cth). 3 This requires the treatment of like cases alike, and different cases differently. 4 In Hili v The Queen; Jones v The Queen [2010] HCA 45 the majority identified two primary means of achieving consistency in federal sentencing. These are:
Apply the relevant statutory provisions
Have regard to what has been done in other cases
Judicial consideration of these two means of achieving consistency, and recent developments on submissions as to sentencing range considered in Barbaro v The Queen [2014] HCA 2 are discussed below.
The majority in Hili v The Queen; Jones v The Queen [2010] HCA 45 observed that the first and paramount means of achieving consistency in federal sentencing is to 'apply the relevant statutory provisions', 5 'without being distracted or influenced by other and different provisions that would be engaged if the offender concerned were not a federal offender'. 6 It is therefore of 'cardinal importance' 7 to begin consideration of the sentencing of a federal offender by examining Part IB of the Crimes Act 1914 (Cth) and any other applicable statutory provisions. 8
Part IB of the Crimes Act 1914 (Cth) is not a comprehensive sentencing scheme. 9 Some sections expressly pick up and apply the laws of the State or Territory in which the federal offender is sentenced. 10 This may result in inconsistency in the sentencing of federal offenders according to where they are sentenced. 11
This inconsistency is the result of the policy choice inherent in the Judiciary Act 1903 (Cth) and the Crimes Act 1914 (Cth), 12 and the 'consequence is that some variation in sentencing between different jurisdictions is inevitable'. 13 It is however a result of a deliberate legislative choice by the Commonwealth, and '[t]he courts must apply that choice, even if the result is a degree of inconsistency in sentencing in different jurisdictions'. 14
As such, consistency in federal sentencing may give way to an express provision in the Crimes Act 1914 (Cth) which adopts the relevant state or territory practice. For example, in Bryce v Chief Executive Officer of Customs (No 2) [2010] QSC 125 Fryberg J considered an argument that a court should compensate for differences in State legislation in order to achieve uniformity of federal offenders. The offender's submission related to s 15A of the Crimes Act 1914 (Cth), which 'picks up' certain state and territory laws relating to imprisonment for fine default. Fryberg J stated at [86]:
It may be accepted that such differences should often be taken into account by sentencing judges, but this must be subject to any express provision found in Commonwealth legislation. Section 15A(1) of the Crimes Act, which picks up s 182A of the Penalties and Sentences Act, implicitly recognises the likelihood of differences among the various jurisdictions and makes provision for the modification or exclusion of State laws where that is desired by the Commonwealth. Subject to any laws made pursuant to that provision, the section provides an example of the adoption or acceptance of jurisdictional differences as a matter of federal legislative policy.
In seeking consistency, sentencing judges must have regard to what has been done in other cases. 15 However, the sentences which have been imposed in the past do not mark the outer bounds of the permissible discretion, 16 or fix 'the boundaries within which future judges must, or even ought, to sentence.' 17 Rather, what is important is the 'unifying principles which those sentences both reveal and reflect.' 18
The majority in Hili v The Queen; Jones v The Queen [2010] HCA 45, [54] agreed with the observation by Simpson J in DPP (Cth) v De La Rosa [2010] NSWCCA 194, [304] that past sentences:
… are no more than historical statements of what has happened in the past. They can and should provide guidance to sentencing judges, and to appellate courts, and stand as a yardstick against which to examine a proposed sentence.
Intermediate courts play an important role in achieving greater federal consistency. In Hili v The Queen; Jones v The Queen [2010] HCA 45 the Court reiterated at [57] that:
… intermediate courts of appeal should not depart from an interpretation placed on Commonwealth legislation by another Australian intermediate appellate court, unless convinced that the interpretation is plainly wrong.
The Court also commented on consistency in the sufficiency of sentences for federal offenders, stating at [57]:
… in considering the sufficiency of sentences passed on federal offenders at first instance, intermediate appellate courts should not depart from what is decided by other Australian intermediate appellate courts, unless convinced that the decision is plainly wrong.
However, the jurisdictional differences that occur in some areas of federal sentencing are relevant when considering comparable cases and the sufficiency of sentences. In R v Lee [2013] WASCA 216, the Court noted the principle from Hili, 19 however McLure P (Mazza JA and Hall J agreeing) also noted at [27] that:
… when considering comparable cases and the sufficiency of sentences, it must be recalled that in some but not all respects, Pt 1B of the Crimes Act refers to and picks up State and Territory legislation affecting service of a sentence of imprisonment.
The emergence of sentencing databases (including this database) throughout Australia in the last decade has provided greater accessibility to sentencing statistics. In Hili v The Queen; Jones v The Queen [2010] HCA 45, [48] the majority cautioned about the utility of employing mathematical tables in sentencing at that time, stating at [48]:
Presentation of the sentences that have been passed on federal offenders in numerical tables, bar charts or graphs is not useful to a sentencing judge. It is not useful because referring only to the lengths of sentences passed says nothing about why sentences were fixed as they were. Presentation in any of these forms suggests, wrongly, that the task of a sentencing judge is to interpolate the result of the instant case on a graph that depicts the available outcomes. But not only is the number of federal offenders sentenced each year very small, the offences for which they are sentenced, the circumstances attending their offending, and their personal circumstances are so varied that it is not possible to make any useful statistical analysis or graphical depiction of the result (emphasis added).
After the judgment in Hili, the format of most sentencing databases were adapted to enable users to 'go behind' the statistics and view further information particular to the individual sentence. In the more recent case of Barbaro v The Queen [2014] HCA 2, the High Court noted that sentencing statistics are useful in promoting consistency between comparable cases. The plurality stated at [40]:
The setting of bounds to the available range of sentences in a particular case must, however, be distinguished from the proper and ordinary use of sentencing statistics and other material indicating what sentences have been imposed in other (more or less) comparable cases. Consistency of sentencing is important. But the consistency that is sought is consistency in the application of relevant legal principles, not numerical equivalence (emphasis added).
In Matthews v The Queen [2014] VSCA 291 the Victorian Court of Appeal considered the application of Barbaro, and emphasised that sentencing statistics and other material on comparable cases are important in achieving consistency, stating at [21]:
As the majority in Barbaro took care to point out, their Honour's proscription of the submission of quantified sentencing ranges must also be distinguished from the proper and ordinary use of sentencing statistics and other material indicating what sentences have been imposed in other (more or less) comparable cases. Sentencing judges should continue to strive for consistency and consistency entails having regard to what has been done in other cases. Other cases may establish a range of sentences even though, as the majority said, they do not establish that the sentences imposed in those cases mark the outer bounds of the permissible discretion [Barbaro (2014) 305 ALR 323, 331-2 [40]-[41]] (emphasis added).
The prosecution is not permitted to make submissions regarding an appropriate sentencing range. In Barbaro v The Queen [2014] HCA 2, the High Court specifically overturned the Victorian practice of counsel for the prosecution providing a submission as to the range of available sentences, stating that such a submission is 'a statement of opinion, not a submission of law'. 20 The plurality further stated at [7]:
Its expression advances no proposition of law or fact which a sentencing judge may properly take into account in finding the relevant facts, deciding the applicable principles of law or applying those principles to the facts to yield the sentence to be imposed. That being so, the prosecution is not required, and should not be permitted, to make such a statement of bounds to a sentencing judge.
While it is permissible for counsel to refer to sentencing statistics and other materials indicating the outcome in other cases, 21 the High Court emphasised that such material 'does not establish that the sentences which have been imposed mark the outer bounds of the permissible discretion': The plurality stated at [41]:
The history stands as a yardstick against which to examine a proposed sentence. What is important is the unifying principles which those sentences both reveal and reflect. And as each of Buchanan JA and Kellam JA rightly observed in MacNeil-Brown, the synthesis of the "raw material" which must be considered on sentencing, including material like sentencing statistics and information about the sentences imposed in comparable cases, is the task of the sentencing judge, not counsel.
In Matthews v The Queen [2014] VSCA 291 the Victorian Court of Appeal considered the application of Barbaro v The Queen [2014] HCA 2 in an appeal against sentences imposed where the court had received prosecution submissions as to the available range of sentences. The Court advanced a number of propositions regarding the application of Barbaro v The Queen [2014] HCA 2.
The majority and minority judges disagreed on whether a prosecution submission as to range was an irrelevant consideration. 22 The majority held that a submission as to range was not of itself an irrelevant consideration, understanding Barbaro as holding that the practice of the prosecution offering a range should cease, because of the risk of it leading judges into error. 23 As such, they found that a sentencing judge would fall into error where they had received a quantified range submission and then imposed a sentence merely because it was within the range suggested by the Crown, shirking the task of coming to their own instinctive synthesis. 24 The minority disagreed, finding that Barbarohad held that a submission as to range was an irrelevant sentencing consideration. 25
The majority in Matthews v The Queen [2014] VSCA 291 held that receiving a submission as to range was not of itself an error of law, 26 nor should it be inferred that just because a sentencing judge has received a range, the discretion is vitiated. 27 Rather, the majority indicated that a quantified range submission will not vitiate the sentencing discretion unless it can be demonstrated that the sentencing judge was influenced by the submission in arriving at his or her sentence. 28 Warren CJ and Nettle and Redlich JJA further explained at [19]:
Of course, it remains that the question of whether a sentencing judge has allowed a quantified range submission to affect the sentencing disposition in the sense of being swayed by the Crown's assessment of appropriate punishment must be decided on a case by case basis as one of fact and degree. But, in most cases, it should be clear. In some, like Barbaro itself, the sentencing judge may have expressly stated that he or she did not consider the fact of the Crown's view of the appropriate range of sentences to be a matter which they would take into account. Where that is so, there could hardly be any doubt about the position. In other cases, the judge may not have said anything about the matter, but even so the position is still tolerably clear. A judge will not ordinarily be expected to state that they have or have not taken a quantified range submission into account. Unless the judge expressly states that the prosecution's view of the appropriate range of sentences has been taken into account or it is necessarily implicit in the judge's sentencing remarks that he or she has been so swayed, it is difficult to suppose that it would have been so. Exchanges between the judge and counsel during the plea in mitigation as to possible sentencing dispositions will not usually provide a sound basis for an inference that a range submission has influenced the judge (emphasis added).
The minority judges similarly held that mere receipt of a submission as to range does not of itself lead to the conclusion that the exercise of the sentencing discretion has miscarried. 29 However, the minority judges offered a lower threshold for determining whether the range had been taking into account, stating at [154]:
It is only if it can be discerned that the judge has acted on the submission in a manner that has influenced the sentencing result that sentencing error is demonstrated. Ordinarily, in circumstances where the Crown has offered a sentencing range, and a sentencing judge is minded to impose a sentence which is within (or close to) the proffered range, so as to avoid the conclusion that the range has been taken into account in a material way, we would expect the judge who has determined not to take the range into account to say so in his or her reasons for sentence.
The majority in Matthews v The Queen [2014] VSCA 291 described the role of the Crown after Barbaro at [27]:
… it appears that, apart from proscribing the submission of a quantified sentencing range, Barbaro has not changed any of the pre-existing practice (emphasis added). Nothing said in Barbaro detracts from the Crown's obligation to make clear what type of sentencing disposition, whether imprisonment or otherwise, it contends is necessary or appropriate. It remains that the Crown is required to make its submissions as to sentence fairly and in an even-handed manner. It has a duty to assist the sentencing judge to avoid appealable error [R v Tait (1979) 24 ALR 473, 477]. That includes making an adequate presentation of the facts, identifying any aggravating features and admitting any mitigating features, fair testing of the offender's case, correcting any error of fact which emerges in the course of the plea and drawing attention to the offender's antecedents including any sentence of imprisonment currently being served [R v Rumpf [1988] VR 466, 476]. The Crown's duty also extends to making appropriate submissions on relevant questions of law, including statutorily prescribed maximum penalties [R v Travers (1983) 34 SASR 112, 115-6], principles of sentencing reasonably thought to be applicable [R v Tait (1979) 24 ALR 473, 477] and comparable and other relevant cases [Hili v The Queen (2010) 242 CLR 520, 536-7]. If it is submitted for an offender that he or she should receive a non-custodial disposition or a suspended term of imprisonment, the Crown should make clear whether it contends, and if so why, a disposition of the kind proposed would not be a proper exercise of sentencing discretion [Malvaso v The Queen (1989) 168 CLR 227; Everett v The Queen (1994) 181 CLR 295]. 30
The majority in Matthews v The Queen [2014] VSCA 291 held that defence counsel was not prohibited by Barbaro from proffering a submission on sentencing range. 31 The majority further stated that if defence counsel does make a submission as to range, it is permissible for the Crown to respond, and state whether in the Crown's submission, it would be open to impose a sentence within that range. 32 Warren CJ and Nettle and Redlich JJA explained at [24]-[25]:
… we think that, if that were intended, it would have been stated expressly because of its effect on the criminal justice system. A plea in mitigation of penalty is supposed to be just that and, although there are sometimes good forensic reasons for defence counsel to avoid submitting a quantified sentencing range, there are just as many cases where a plea in mitigation of penalty would be significantly compromised unless defence counsel had the ability to make a submission of that kind.
Moreover, when and if defence counsel does make a submission as to range, we consider that it is necessary and therefore permissible for the Crown to respond and, in particular, to be able to tell the judge whether in the Crown's submission it would be open to impose a sentence within that range; or, if not, to draw to the judge's attention the comparable and other cases, current sentencing practices and other relevant considerations which in the Crown's submission support that conclusion. To say so is not to suggest that the Crown would be entitled to specify an alternative quantified range. So much is now prohibited by Barbaro. But it remains necessary to the proper functioning of the sentencing process that the Crown be able to and do draw to the judge's attention the possibility that acceptance of a defence submission might lead to appealable error (emphasis added).
The minority found it unnecessary to discuss the issue of range submissions by defence counsel. 33
'[T]he decision in Barbaro does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission'. 34 In Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; CFMEU v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 French CJ, Kiefel, Bell, Nettle and and Gordon JJ held at [46]–[51]:
[T]here is an important public policy involved in promoting predictability of outcome in civil penalty proceedings and … the practice of receiving and, if appropriate, accepting agreed penalty submissions increases the predictability of outcome for regulators and wrongdoers. As was recognised in Allied Mills [[1981] FCA 142; (1981) 37 ALR 256] and authoritatively determined in NW Frozen Foods [[1996] FCA 1134; (1996) 71 FCR 285], such predictability of outcome encourages corporations to acknowledge contraventions, which, in turn, assists in avoiding lengthy and complex litigation and thus tends to free the courts to deal with other matters and to free investigating officers to turn to other areas of investigation that await their attention.
[T]he court is not bound by the figure suggested by the parties. The court asks "whether their proposal can be accepted as fixing an appropriate amount" [NW Frozen Foods [1996] FCA 1134; (1996) 71 FCR 285 at 291 (emphasis added)] and for that purpose the court must satisfy itself that the submitted penalty is appropriate.
Nor is it "pious" to suppose that judges will do their duty, as they have sworn to do, and therefore reject any agreed penalty submission if not satisfied that what is proposed is appropriate. It would be a travesty of justice if that were not the case. It may be presumed that a judge will do his or her duty according to the oath of office. The public may have confidence that it will be so.
[W]hat was said in Barbaro applies only to criminal proceedings and, consequently … nothing said in Barbaro is antithetical to continuing the practice of agreed penalty submissions in civil penalty proceedings.
Contrary to the Full Court's reasoning, there are basic differences between a criminal prosecution and civil penalty proceedings and it is they that provide the "principled basis" for excluding the application of Barbaro from civil penalty proceedings (emphasis added).
Wong v The Queen [2001] HCA 64, [6] (Gleeson CJ), cited with approval in Hili v The Queen; Jones v The Queen [2010] HCA 45, [47] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ). ↩
Hili v The Queen; Jones v The Queen [2010] HCA 45,[48] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ) cited in Barbaro v The Queen [2014] HCA 2, [40] (French CJ, Hayne, Kiefel and Bell JJ). ↩
Hili v The Queen; Jones v The Queen [2010] HCA 45,[49] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ) cited in Barbaro v The Queen [2014] HCA 2, [40] (French, Hayne, Kiefel and Bell JJ). ↩
Hili v The Queen; Jones v The Queen [2010] HCA 45,[49] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ). ↩
Hili v The Queen; Jones v The Queen [2010] HCA 45, [50] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ). ↩
See, eg, Crimes Act 1914 (Cth) s 16E. ↩
Putland v The Queen [2004] HCA 8, [25] (Gleeson CJ). ↩
Bryce v Chief Executive Officer of Customs (No 2) [2010] QSC 125, [82] (Fryberg J). See also Williams v The King [No 2] [1934] HCA 19 (Dixon J); Australian Law Reform Commission, Same Crime, Same Time: Sentencing of Federal Offenders, Report No 103 (2006) [3.25]. ↩
Bryce v Chief Executive Officer of Customs (No 2) [2010] QSC 125, [84] (Fryberg J). ↩
Barbaro v The Queen [2014] HCA 2, [41] (French CJ, Hayne, Kiefel and Bell JJ). ↩
Munda v Western Australia [2013] HCA 38, [39] (French CJ, Hayne, Crennan, Kiefel, Gageler and Keane JJ); Hili v The Queen; Jones v The Queen [2010] HCA 45, [54] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ) approving DPP (Cth) v De La Rosa [2010] NSWCCA 194, [304] (Simpson J). ↩
R v Lee [2013] WASCA 216, [26] (McLure P, Mazza JA and Hall J agreeing). ↩
See Matthews v The Queen [2014] VSCA 291,[7]-[21] (Warren CJ, Nettle and Redlich JJA), [141]-[143] (Priest JA and Lasry AJA). ↩
Matthews v The Queen [2014] VSCA 291,[13]-[14] (Warren CJ, Nettle and Redlich JJA). ↩
Matthews v The Queen [2014] VSCA 291, [18]-[19] (Warren CJ, Nettle and Redlich JJA). ↩
Matthews v The Queen [2014] VSCA 291,[141]-[143] (Priest JA and Lasry AJA). ↩
Matthews v The Queen [2014] VSCA 291, [13] (Warren CJ, Nettle and Redlich JJA). ↩
Matthews v The Queen [2014] VSCA 291,[7], [19] (Warren CJ, Nettle and Redlich JJA). ↩
Matthews v The Queen [2014] VSCA 291, [154] (Priest JA and Lasry AJA). ↩
See also the statements of the minority: Matthews v The Queen [2014] VSCA 291, [153] (Priest JA and Lasry AJA). ↩
Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; CFMEU v Director, Fair Work Building Industry Inspectorate [2015] HCA 46, [1] (French CJ, Kiefel, Bell, Nettle and and Gordon JJ). ↩


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